EL-AZZI v NATIONWIDE NEWS PTY LTD [2004] NSWSC 1055

EL-AZZI v NATIONWIDE NEWS PTY LTD [2004] NSWSC 1055

The court held that, applying the reasoning in O'Hagan, reputational evidence of the kind proposed by the defendant is admissible in mitigation of damages; however, post-publication bad reputation material is inadmissible (Rochfort authority persists); and particulars relied upon in mitigation must be limited in scope and properly particularised in accordance with SCR Pt 67 r 18(3).

Jurisdiction
Australia
Judgment Date
12 October 2004
Procedural Posture
Defamation / Interlocutory Application to Strike Out Particulars
Outcome
Application to strike out particulars dismissed in part; leave granted to amend pleadings.
Legal Topics
['reputation Evidence' 'mitigation of Damages' 'post Publication Bad Reputation' 'burstein Particulars' 'leave to Amend Pleadings']
['defamation'] ['reputation Evidence' 'mitigation of Damages' 'post Publication Bad Reputation' 'burstein Particulars' 'leave to Amend Pleadings']

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Procedural Posture

Defamation / Interlocutory Application to Strike Out Particulars

Legal Issues

  1. 1 ['Admissibility of bad reputation evidence in mitigation of damages' "Scope of 'relevant sector' for reputation evidence" 'Admissibility of post-publication reputation material' 'Requirements for particulars of mitigation under SCR Pt 67 r 18(3)']

Ratio Decidendi

The court held that, applying the reasoning in O'Hagan, reputational evidence of the kind proposed by the defendant is admissible in mitigation of damages; however, post-publication bad reputation material is inadmissible (Rochfort authority persists); and particulars relied upon in mitigation must be limited in scope and properly particularised in accordance with SCR Pt 67 r 18(3).

Court Disposition

Application to strike out particulars dismissed in part; leave granted to amend pleadings.

Orders

  • ["O'Hagan permits reputational evidence of the kind on which the defendant proposes to rely." 'Post-publication bad reputation material is inadmissible.' 'Burstein particulars must, in the limited way referred to, by reference to paragraph 5 of the letter of 4 October 2004, be particularised pursuant to SCR Pr 67 r...